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SD SB4
SD SB4Revise procedures for returning and withholding security deposits for residential premises.
summary
Introduced
01/13/2026
01/13/2026
In Committee
02/02/2026
02/02/2026
Crossed Over
01/21/2026
01/21/2026
Passed
02/12/2026
02/12/2026
Dead
Signed/Enacted/Adopted
02/12/2026
02/12/2026
Introduced Session
2026 Regular Session
Bill Summary
AN ACT ENTITLED An Act to revise procedures for returning and withholding security deposits for residential premises.
AI Summary
This bill amends existing South Dakota law regarding security deposits for residential rentals, specifically changing the timeline and requirements for landlords when a tenant moves out. Currently, landlords have twenty-one days after a tenancy ends and they receive the tenant's forwarding address to return the security deposit or provide a written explanation for any deductions. This bill proposes to extend that timeframe to forty-five days after the tenancy ends for landlords to provide an itemized accounting of any withheld deposit, but only upon the tenant's request. Landlords are still only allowed to deduct amounts for unpaid rent or other agreed-upon payments, and to cover costs of repairing damage beyond normal wear and tear. If a landlord fails to follow these rules, they could lose their right to keep any part of the deposit, and if they act in bad faith by withholding the deposit or failing to provide the required documentation, they could be liable for punitive damages of up to two hundred dollars.
Committee Categories
Business and Industry
Sponsors (6)
Matt Roby (R)*,
Michael Rohl (R)*,
Casey Crabtree (R),
Tom Pischke (R),
Glen Vilhauer (R),
Brandon Wipf (R),
Last Action
Signed by the Governor on February 12, 2026 S.J. 256 (on 02/12/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://sdlegislature.gov/#/Session/Bill/26321 |
| BillText | https://mylrc.sdlegislature.gov/api/Documents/300759.pdf |
| BillText | https://mylrc.sdlegislature.gov/api/Documents/291294.pdf |
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